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GDPR Notice

PRIVACY POLICY AND DATA PROTECTION NOTICE

Copyright 2018 © Pure on Purpose, LLC. All Rights Reserved PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WWW.VIVESANA.COM WEB SITE (THE “WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

This privacy policy (“Privacy Policy”) and EU General Data Protection Regulation Notice (“GDPR Notice”, and together, “Privacy Notice”) applies to your use of the Website, which is owned and operated by Pure on Purpose, LLC, located at 22 Warren St, Ste 6, New York, NY 10007 (“POP”, “us”, “our” or “we”). Your privacy and security are important to us. Please read this Privacy Policy carefully to understand how we will use and protect the personal information you provide us. Below, you will learn which information we might collect and process when you visit and use our websites, particularly when you shop via our online store or participate in prize games, promotions or other advertising activities. If the processing of your data should deviate from the statements made in this Data Protection Declaration in a specific case, you will be informed of this separately, and this will only be done based on your consent provided that such consent is required by law.

 

If necessary, we must update this Privacy Notice in connection with the further development of the Internet and changes in the legal situation and legal precedents. We therefore recommend that you review this page in regular intervals to ensure that you have read the most up-to-date version.

  1. GENERAL PROVISIONS

LEGAL BASIS

The EU General Data Protection Regulation (“GDPR”) and the corresponding national data protection laws protect the fundamental rights and freedoms of individuals and their rights to the protection of personal data.

 

PERSONAL VS NON PERSONAL INFORMATION

Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using the Website. In order to do so, the Website collects two types of information about you, Personal Information and Non Personal Information. “Personal Information” refers to information that lets us know the specifics as to who you are and which can be used to identify, contact or locate you. We may also collect and use Personal Information to verify your identity when you are making purchases via the Website. Examples of Personal Information include your first name together with your last name, your credit card number, social media accounts, IP addresses, your mailing address and/or email address, and your phone number….etc. Generally, we collect Personal Information when you use the Website to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos or the like to the Website, or otherwise volunteer information about yourself. “Non Personal Information” refers to information that does not by itself identify you or a specific individual. Examples of Non Personal Information we may collect include demographic information, which web pages of ours are most often visited and which of our products are either receiving the most purchases or website visits. We may collect Non Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below.

 

HOW & WHY WE COLLECT DATA FROM YOU.

We collect user data (for example, information provided during registration, ordering, subscribing to newsletters or when contacting us) and technical data (log files; for example, IP addresses, dates, times) from you, provided that this is permitted by law or required as part of contract performance or to preserve our legitimate interests, or you have provided your consent for this purpose.

 

  1. HANDLING PERSONAL DATA FOR WEBSITES FOR PURELY INFORMATIONAL USE

If you use our website purely for informational purposes, in other words if you do not register or if you transfer information to us otherwise, we only collect those personal data that are transferred by your browser to our server. If you would like to view our website, we collect the following data that are technically necessary for us in order to show you our website and guarantee stability and security.

  • IP address
  • date and time of the request
  • time zone difference from Greenwich Mean Time (GMT)
  • content of request (actual web page)
  • access status/HTTP status code
  • respectively transferred data amount
  • website from which the request is received
  • browser
  • operating system and its interface
  • language and version of the browser software
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    WHAT ARE COOKIES?

    COOKIES USED UPON ACCESSING THE WEBSITE

    A cookie is a small amount of information that’s downloaded to your computer or device when you visit certain websites. We use a number of different cookies on the Website, including strictly necessary, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. Read more about cookies (and other similar tracking technologies) and how we use the data collected through these technologies, in our COOKIE POLICY.

    Cookies are small text files that our server sends to your browser during your visit to our websites and are stored on your device. Cookies are used to design the use of the website more comfortably for you. In addition, optionally selected settings of a previous visit to the website (for example, region, language, interests etc.) are stored with the use of cookies.

    WHAT COOKIES DO WE USE AND WHY?

    Some cookies are necessary to allow you to browse our website, use its features, and access secure areas. The use of these cookies is essential for the website to work. For example, we use user-input cookies for the duration of a session to keep track of a user’s input when filling in forms that span several pages.

    We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorized content across pages. The functional cookies we use include:

    • User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of the service.
    • Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).
    • Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
    • User interface customization persistent cookies are used to store a user’s preference regarding a service across web pages.

    POP is dedicated to user experience and we use many tools to help us improve our Website and our commerce platform. To this end, we use reporting and analytics cookies to collect information about how you use our Website or our merchants’ storefronts, and how often. These cookies only gather information for statistical purposes and only use pseudonymous cookie identifiers that do not directly identify you. The performance cookies we use include:

    • First party analytics cookies - We use these cookies to estimate the number of unique visitors, to improve our Website and our merchants’ websites, and to detect the most searched for words in search engines that lead to a webpage. These cookies are not used to target you with online marketing. We use these cookies to learn how our websites and our merchants’ websites are performing and make relevant improvements to improve your browsing experience.
    • Third party analytics cookies - We also use Google Analytics and other third-party analytics providers listed below to help measure how users interact with our website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with the website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.

    Advertising cookies are used on our website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our Website and we may share this information with third-parties, such as advertisers. Although these cookies can track your device’s visits to our Website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you. Read more about how companies use cookies to conduct targeted or retargeted advertising here. We do not set advertising cookies through our merchants’ storefronts ourselves, though merchants may choose to do so independently.

    Finally, Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these modules into our platform to improve the experience of browsing and interacting with our websites. Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics, and/or market research.

    Please see https://www.shopify.com/legal/cookies for a representative list of cookies used on the Website.

    You may also object to the placement of cookies via your browser settings. However, if you deactivate or refuse cookies, you might not be able to fully use all of the functions of our website under certain circumstances. For additional information on your browser’s cookie settings, please go to: WWW.ALLABOUTCOOKIES.ORG/GE. If you have questions or comments on this topic, please contact us using the contact information provided below.

     

    GOOGLE ANALYTICS AND UNIVERSAL ANALYTICS

    If you have agreed to the use of cookies, this website also uses Google Analytics, the web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), with the Google Universal Analytics enhancement.

    Google Analytics uses cookies to record standard logging information as well as user behaviour on our website in aggregate form. The following information is collected by Google Analytics: browser, device type, device model, country, service provider, screen resolution (on mobile devices), length of visit to the website, language, operating system, pages visited on the website. Google will use this information specifically to analyse and evaluate the use of the website by users and to put together reports on website activities. Google might also pass on this information to third parties, provided that this is prescribed by law or third parties are processing this data by order of Google.

     

    Our user analysis may also use Universal Analytics. With this, we can obtain information on the use of our offerings on different devices (“cross devices”). With cookie technology, we use a pseudonymised user ID that contains no personal data and also does not transmit such data to Google. You may object to data collection and storage at any time with effect for the future by deactivating the cross-device user analysis in your customer account. Additional information on Universal Analytics can be found here: SUPPORT.GOOGLE.COM/ANALYTICS/ANSWER/2838718?HL=DE&REF_TOPIC=6010376.

    However, in the event that IP anonymization is activated, on this website, your IP address will be shortened in advance by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the entire IP address be passed on to a Google server in the USA and shortened there. IP anonymization is active on this website. By order of the operator of this website, Google will use this information to analyze and evaluate your use of the website, to put together reports on website activities and to provide services through us related to website and Internet use.

    If you do not want any website to record your activities via Google Analytics, you may download and install available browser plug-ins via the following link (TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT).

    Additional information on the terms and conditions of use and data protection can be found at WWW.GOOGLE.COM/ANALYTICS/TERMS/DE.HTML or at WWW.GOOGLE.DE/INTL/DE/POLICIES.

     

    1. HANDLING PERSONAL DATA WHEN USING SOCIAL MEDIA PLUG-INS

    Our Website uses social media plug-ins (“plug-ins”) of various social networks provided that you have granted us your consent for this purpose:

    USE OF FACEBOOK PLUG-INS (“LIKE” BUTTON)

    The plug-ins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, are incorporated into our websites. You recognise the Facebook plug-ins on the Facebook logo (white “f” on the blue tile) or the terms “Like”, “I like” or the “Thumbs up” icon on our website. An overview of the Facebook plug-ins can be found here: DEVELOPERS.FACEBOOK.COM/DOCS/PLUGINS.

    If you visit our websites, a direct connection between your browser and the Facebook server will be created via the plug-in. In this way, Facebook receives the information that you have visited our websites with your IP address. If you click on the Facebook “Like” button while you are logged in to your Facebook account, you can link the content of our websites to your Facebook profile. In this way, Facebook can attribute the visit to our websites to your user account. Please note that we do not obtain any knowledge of the content of the transmitted data or of its use by Facebook. Additional information about this can be found in Facebook’s Data Protection Declaration at WWW.FACEBOOK.COM/POLICY.PHP.

    If you do not want Facebook to be able to attribute visits to our websites to your Facebook user account, please log out of your Facebook user account before visiting our website.

    USE OF INSTAGRAM

    On our Website, we place plug-ins of the social network Instagram, which is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA. The plug-ins are indicated by an Instagram logo, for example, in the form of an Instagram camera. An overview of the Instagram plug-ins and their appearance can be found here: BLOG.INSTAGRAM.COM/POST/36222022872/INTRODUCING-INSTAGRAM-BADGES.

    If you visit our website, your browser creates a direct connection with the Instagram servers. The content of the plug-in is transmitted by Instagram directly to your browser and integrated into the website. By way of this integration, Instagram receives the information that your browser has visited the corresponding page of our website even if you do not have an Instagram profile or you are not logged in. This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and stored there.

    If you are logged in to Instagram, Instagram can attribute the visit to our website directly to your Instagram account. If you interact with the plug-in, for example, if you activate the “Instagram” button, this information will also be transmitted directly to an Instagram server and stored there. The information is also published in your Instagram account and shown to your contacts there.

    The purpose and scope of data collection and the further processing and use of data by Instagram as well as your rights and settings options associated with this for protecting your private sphere can be found in the data protection notices of Instagram: HELP.INSTAGRAM.COM/155833707900388.

     

    USE OF PINTEREST

    On our Website, we may place plug-ins of the social network Pinterest.com, a service of Pinterest, Inc., 808 Brannan Street, San Francisco, CA 94103, USA. The plug-ins are indicated with a Pinterest logo, for example, as a “P” in the form of an ampersand and alternatively with the “Save” add-on in white lettering on a red emblem or rectangle. An overview of the Pinterest plug-ins can be found here: DEVELOPERS.PINTEREST.COM/DOCS/WIDGETS/SAVE.

    With the integration of the plug-in on our page, the following personal data is sent to Pinterest: IP address and session ID, operating system used and statistical information as well as your browser’s identifier. The data is transmitted regardless of whether you have a user account with Pinterest, to which you are logged in.

    If you are logged in, this data will be attributed directly to your account. If you do not want this attribution to your profile, you must log out before activating the button. Cookies for the collection and control of usage-based online advertising can be deactivated at WWW.YOURONLINECHOICES.COM.

    Additional information on the purpose and scope of data collection and the processing of personal data by Pinterest can be found at HTTPS://ABOUT.PINTEREST.COM/PRIVACY-POLICY. We will not process your personal data.

     

    HANDLING PERSONAL DATA DURING PROACTIVE USE BY THE USER

    In addition to the purely informational use of our website we offer you several services on our website that you may use if you are interested and which we have described in the following paragraphs. For this purpose, as a rule you must provide further personal data that we will use to provide the respective service. You will receive more detailed information on this when you provide your personal data or in the service description below.

    MAKING CONTACT

    When the user actively makes contact with us (for example, via e-mail or via a contact form as part of a promotion), the data and information of the user will be stored for the purpose of processing the inquiry and in the event that follow-up questions arise, and forwarded to the responsible person (for example, the IT department, the legal department, logistics etc.).

    PURCHASE VIA ONLINE STORE

    If you make a purchase via this Website, we collect, store and process personal data (your name, billing and delivery address, e-mail address, telephone number and the serial number assigned to the ordered items and information on the goods that you purchased) for the purposes of contract performance and the fulfilment of any post-contractual obligations. For this purpose, we forward your name and your delivery address to transport or courier services for the delivery of the goods that you purchased, and we also forward the payment and transaction data to credit or financial institutions for the handling of payment. It is necessary to provide personal data for the conclusion and fulfilment of the contract.

    If you set up an account on our website, we collect the personal data described above together with your user name and password for the purpose of managing your online account.

    We can also process the data provided by you to inform you about further interesting products from our portfolio, or to send you e-mails connected with your orders or with technical information.

    If you register through an existing account (e.g., Facebook or Google), you agree that we will access the data that you store in this account (such as your name, e-mail address, address) and that they will be processed for the purposes described in this section. For this purpose, during registration, you must once again explicitly consent to data transmission from the respective existing account.

    USE OF COOKIES FOR ORDERS VIA THE WEBSITES

    Please refer to https://www.shopify.com/legal/cookies to see the cookies used during checkout.

     

    PROCESSING OF PERSONAL DATA BASED ON OUR LEGITIMATE INTERESTS

    We also process the personal data provided in connection with registration and ordering (your name, billing and delivery address, e-mail address, telephone number, the serial number assigned to the ordered item as well as additional information on the goods that you purchased) to improve our products and services. In addition, we process the specified data categories for internal statistical and operational purposes, for example, to measure and understand trends related to demographics, users, user interests, purchases and other trends among our users, as well as for recall actions and for the quick processing of complaints based on our legitimate interests. The specified data categories are also processed for research, precautionary, defence and other measures with regard to non-compliance with this Data Protection Declaration, illegal actions or suspected fraud, or to take measures in situations in which the potential risk of violation of our legal rights or the rights of other persons exists.

    4.8 FACEBOOK LEAD ADS

    We may use Facebook lead ads on our Facebook Website. Subscription via the form is only effective if you activate the subscription by “clicking” on the confirmation link in the confirmation e-mail that you receive. At the time of subscription, only your personal data recorded with Facebook or entered voluntarily by you, such as your e-mail address and name in all cases, are required in the form, and your city, address, age etc. are optional. We use the personal data provided exclusively to send to you via e-mail our newsletter specifically described in the lead, provided that you have explicitly provided consent. You may revoke your consent to receive the newsletter at any time with effect for the future without specifying the reasons.

     

    4.9 PRIZE GAMES AND CONTESTS

    In connection with the prize games, contests or promotional activities that we offer, we will use your personal data solely for holding the prize game, contest or promotional activity (for example, to contact winners, to send the prize), unless you have granted us your explicit consent for use in other ways.

    1. TRANSMISSION OF YOUR PERSONAL DATA TO THIRD PARTIES

    We also transmit your personal data to the necessary extent to external performance agents or service providers:

  • to IT service providers and/or providers of data hosting or data processing or similar services;
  • to other service providers, providers of tools and software solutions who also support us in providing our services and work on our behalf (incl. providers of marketing tools, marketing agencies, communication service providers and call centres);
  • to any third parties who are involved in fulfilling our obligations to you (for example, parcel service providers for the shipment of your online store order to you, payment service providers for payment processing in the online store, banks for payment processing);
  • to other external third parties to the necessary extent (for example, auditors, insurance companies if an insured event occurs, legal representatives should the situation arise etc.);
  • to officials and other public offices to the extent required by law (for example, tax authorities etc.).
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    1. TRANSMISSION OF YOUR PERSONAL DATA TO THIRD PARTIES OUTSIDE OF THE EU/EEA

    We might transmit your personal data to companies and contractual partners outside of the EU/EEA for the provision of our services, the operation of the website, the handling of your order, the maintenance of our IT systems and software etc. However, such transmission does not change anything in our obligation to protect your personal data in accordance with this Data Protection Declaration. If your personal data is forwarded outside of the EU/EEA, we guarantee an adequate measure of security by forwarding them to countries that have an appropriate level of protection based on confirmation by the European Commission, or by concluding an appropriately formulated contract between us and the legal person outside of the EU/EEA who receives the data. You may receive a copy of the suitable guarantees by sending an e-mail to us at INFO@VIVESANA.COM.

     

    1. DATA SECURITY

    We take appropriate technical and organisational security measures to protect your personal data from unintentional or unauthorised deletion or modification, and from loss, theft and unauthorised viewing, forwarding, reproduction, use, alteration or access. We and our employees are also bound to data secrecy and confidentiality. Likewise, performance agents and authorised agents of POP who must have access to your personal data to fulfil their professional duties will receive access and will be subject to the same obligations to observe data secrecy and confidentiality.

    1. STORAGE PERIOD

    We will save the personal data processed via our website as long as they are required for the fulfilment of our contractual obligations. If processing depends upon your consent, we will store this data as long as you do not withdraw your consent. We will also store your data only as long as we are obligated by law to store them and as long as claims can be asserted against us.

    1. YOUR RIGHTS

    You have the right to receive information in a clear, transparent and intelligible manner regarding how we process personal data and regarding your rights as a data subject (Art. 13 et seqq. GDPR):

  • You therefore have the right to information and to receive a copy of the personal data about you that is processed (Art. 15 GDPR);
  • If the personal data is incorrect or no longer current, you have the right to rectification (Art. 16 GDPR);
  • You also have the right to erasure of your data (“right to be forgotten”) (Art. 17 GDPR);
  • You also have the right to unsubscribe from marketing campaigns and to opt out in this regard at any time (Art.21(2) GDPR);
  • You may also revoke your consent to the processing of personal data at any time with effect for the future if processing is based on your consent;
  • You also have the right to data portability (Art. 20 GDPR) in a commonly used and machine-readable format. This applies exclusively to data that you have provided, with which processing is based on a contract or consent and with which processing takes place automatically;
  • Finally, you have the right to request that the processing of data by us be restricted (Art. 18 GDPR). However, this applies only in the following situations:
    (i)  The accuracy of the personal data is contested by you for a period enabling us to verify the accuracy of the personal data; 
    (ii) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; 
    (iii) We no longer need the personal data for the purposes of the processing, but you need them for the establishment, exercise or defence of legal claims; 
    (iv) You have objected to processing based on our legitimate interests and the verification of whether legitimate grounds on our side override those on your side is not yet certain.
  • You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you (Art. 22 GDPR).
  • You also have the right to lodge a complaint with the competent data protection authorities if you are of the opinion that the processing of the personal data about you violates the applicable data protection laws (Art. 77 GDPR).
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    Before you lodge a complaint with the data protection authorities, or if you have questions, you may also contact us:

    Pure on Purpose LLC

    22 Warren Street, Ste 6

    New York, NY 10007
    Via e-mail at INFO@VIVESANA.COM

     

    YOUR RIGHT TO OBJECT (ART. 21 GDPR)

     

    As the data subject, you may object to the use of your data at any time if the processing serves the purposes of direct marketing. 
    If we process your data for legitimate purposes, you also have the right to object at any time if grounds for this arise from your specific situation. In this case, we ask you to provide reasons as to why the data should not be processed in the future.

     

    So that we can process your inquiry regarding your rights specified above and ensure that personal data is not given to unauthorised third parties, please address the inquiry with clear identification of your person and with a short description regarding the scope of the exercise of your data subject rights listed above.